Method to determine impaired ability to operate a motor vehicle

ABSTRACT

A method and system for determining if an individual is impaired. In one embodiment, physical and cognitive testing of the individual are conducted in the field or at the scene of an event. The test results are compared to previously stored baseline test results taken for the specific individual while the individual is known to be in an unimpaired state or condition. The current test results are electronically compared to the baseline test results and if the results differ or deviate beyond a predetermined level or amount the individual is considered to be impaired. If no baseline test results exist for the specific individual, the current test results can alternatively be compared to previously determined or known scientifically accepted or minimums for the specific tests given to the individual.

This application is a continuation of U.S. application Ser. No.15/915,565, filed Mar. 8, 2018, which is a continuation of U.S.application Ser. No. 14/670,987, filed Mar. 27, 2015, now U.S. Pat. No.9,916,649, which is a continuation-in-part of U.S. application Ser. No.14/662,215, filed Mar. 18, 2015, now abandoned, which claims the benefitof and priority to U.S. Provisional Patent Application Ser. No.61/954,913, filed Mar. 18, 2014. All of the above applications areincorporated by reference in their entireties for all purposes.

1. FIELD OF THE DISCLOSURE

The present disclosure is directed to field test to determine if anindividual is impaired.

2. BACKGROUND

In the current environment, over 1.2 million drivers in the UnitedStates are arrested each year for driving under the influence accordingto statistics released by the Federal Bureau of Investigations. Severalfactors are utilized by law enforcement to determine impairment by adriver including the results of field sobriety and chemical tests, manyof which are subjective in nature. With regard to field sobriety tests,the National Highway Traffic Safety Administration (NHTSA) has developeda model system for measuring sobriety called the Standardized FieldSobriety Test (SFST), which includes three tests. These tests aredesigned to determine the likelihood of a driver having blood alcoholconcentrations greater then a specific level. However, according topublished studies by the NHTSA, the effectiveness of any given singletest is between 79% and 88% in making such a determination with acombined accuracy of 91%.

There are several pitfalls with this method of testing though. First, itdoes not actually attempt to measure the level of impairment or drivingability but rather just the level of alcohol content in a person'ssystem. Secondly, there are numerous other substances that can causeimpairment such as prescription medications and recreational drugs.Thirdly, none of these tests measure an individual's actual ability tooperate a motor vehicle. Fourthly, the tests are subjective in natureand require an individual to make a determination based on what theyobserve. Lastly, none of these tests are done with any basis forcomparison to the individuals' ordinary abilities without the influenceof alcohol, prescription medications or recreational drugs nor do theytake into consideration any medical conditions, injuries or otherfactors, which may affect the individuals' ability to perform thesetests.

The present disclosure is directed to addressing the above-identifiedproblems with current testing for driving impairment.

SUMMARY OF THE DISCLOSURE

Several embodiments for a novel system and method are provided thatallow individuals, law enforcement personnel, or any other authority toobtain and objectively measure the level of impairment on an individualbasis, taking into consideration any medical conditions, injuries,mental limitations or other factors effecting an individuals ability tooperate a motor vehicle.

The following non-limiting definitions are provided as an aid inunderstanding the disclosed novel system and method:

3D Camera, An electronic device that contains one or more camerascapable of Eye Tracking, identifying individual objects, people andmotion regardless of Motion and lighting conditions as well as one ormore microphones to detect Sound Sensor audio. The cameras can recordvideo and can utilize technologies including but not limited to colorRGB, CMOS sensors, infrared projectors and RF-modulated light. They mayalso contain microprocessors and image sensors to detect and processinformation both sent out and received by the various cameras. Theelectronic device calculates if there has been a change in location ofthe person or object of interest over a period of time. As a non-limiting example, a person's right knee can be at time T1 located atcoordinates (x1, y1, z1) in a picture frame taken by the camera (i.e.picture frame at time T1 from the video recorded by the camera). At timeT2 the right knee is capture by the picture frame of the video taken bythe camera at coordinates (x2, y2, z2) (i.e. picture frame at time T2from the video recorded by the camera). Based on this information,motion, speed and direction can be derived utilizing the elapsed timeand comparing the two 3D coordinates over the elapsed time. As opposedto conventional motion sensors, which use captured motion to control acamera, the 3D Motion and Sound Sensor used with the method and system,uses the camera in order to compute the motion. While the testing isbeing conducted (i.e. current “in field” testing or baseline testing),the camera is preferably continuously on and recording the actions ofthe individual, regardless of whether the person of interest is movingor not. The camera does not require any triggering event to cause thecamera to begin recording video and/or 3D depth data or transmittingvideo and/or 3D depth data to the other components of the system foranalysis or storage. Preferably, the camera will be turned on by theuser prior to the beginning of the testing and will be turned off afterthe testing is completed. Preferably, the camera portion records,captures and/or streams video and/or 3D depth data. As video istechnically made up of individual picture frame (i.e. 30 frames persecond of video), the above reference to picture frames is referring toframes of video. The camera can also be configured or designed to alsotake still pictures (i.e. for taking a picture of the individual in thefield/on the scene to show injuries, bruises, etc. received from anassociated accident, etc.). Additionally, the electronic device can alsobe capable of identifying and tracking the movement of an individual'seye. A camera focuses on one or both eyes and records their movement asthe individual looks at some kind of stimulus. The center of the pupiland infrared/ near-infrared non-collimated light are used to createcorneal reflections (CR). The vector between the pupil center and thecorneal reflections can be used to compute the point of regard onsurface or the gaze direction. Two general types of eye trackingtechniques can be used: bright-pupil and dark-pupil. Bright-pupil hasthe illumination source coaxial with the optical path, causing the eyeto act as a retroreflector as the light reflects off the retina creatinga bright pupil effect similar to red eye. In dark-pupil, If theillumination source is offset from the optical path, then the pupilappears dark because the retroreflection from the retina is directedaway from the camera. The 3D Motion and Sound Sensor can be preferablylocated in a law enforcement vehicle, attached to, embedded in orotherwise in communication with an information input and display device,which is described below. Information An electronic device that allowsthe display and capture of electronic Input and data including but notlimited to text, pictures, video and sound to the Display Device eyesand ears of the individual holding, viewing and/or wearing said device.Examples of such a device include but are not limited to phones,tablets, laptop computers and augmented vision headwear (Google Glass orsimilar). The Information Input and Display Device may be integratedwith the 3D Camera, Eye Tracking, Motion and Sound Sensor or they can beseparate electronic devices. Physical and An electronic system andsoftware installed or embedded in an Cognitive Ability electronic deviceincluding but not limited to a computer, tablet, Testing System server,cell phone, smart phone, microprocessor, microcontroller or other suchelectronic device designed to test and record the physical and cognitiveabilities of a individual that impact said individuals' ability tooperate a vehicle and stores such information in a database. Physicaland An electronic database that stores physical and cognitive testingCognitive Ability results provided, recorded or otherwise obtained bythe physical and Testing System cognitive ability testing system.Database Physical and An electronic database that stores physical andcognitive testing Cognitive Ability results commonly accepted in thescientific community and industry. Baseline Database

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 illustrates a block diagram and process flow for creating abaseline testing of an individual's normal physical and cognitiveabilities;

FIG. 2 illustrates a block diagram and process flow for comparing thebaseline testing results of FIG. 1 to current/new “in the field” testresults for the individual;

FIG. 3 illustrates a block diagram and process flow for comparison astored scientifically accepted baseline results to current/new “in thefield” test results for the individual; and

FIG. 4 illustrates a block diagram and process flow for comparing thebaseline testing results of FIG. 1 or scientifically accepted baselineresults to an individual's current/new “in the field” test results.

DETAILED DESCRIPTION

FIG. 1 illustrates a block diagram and general steps performed in oneembodiment for baseline testing of an individual's physical andcognitive abilities under to establish baseline results for theindividual under normal conditions (i.e. no alcohol, no medications,and/or no drugs, etc. in the individual's body that could affect his orher physical and/or cognitive abilities). The achieved baseline levelsfor the individual are then preferably stored for later use to compareto subsequent “on the scene” test results for the same individual basedon an “in the field” event (i.e. pulled over by a police officer in viewof the individual weaving while driving, individual was responsible fora car accident, pulled over for excessive speeding, inc.).

At step F1 a, a 3D camera, eye tracking, motion and sound sensor isattached to, integrated or otherwise in communication with aninformation input and display device which also contains the physicaland cognitive ability testing system software. Preferably, the 3D camerarecords video and 3D depth data for the individual while he or sheproceeds or performs through the various tests making up the baselinetest for the specific individual's normal physical and cognitiveabilities.

At step F1 b, the individual interacts with the physical and cognitiveability testing system through the information input and display devicewhile also incorporating information generated by the 3D camera, eyetracking, motion and sound sensor, such as information determined fromthe recorded video. The Physical and Cognitive Ability testing systemutilizes a series of questions, activities and movements to determinethe level of cognitive ability, reaction time, and physicalcapabilities/limitations of the individual. The system can be utilizedwith one or many of the available tests and is not required to haveresults for all tests in order to function.

At step F1 c, the Physical and Cognitive Ability Testing Systemcontinues through a series of tests until the last of the test iscompleted or a sufficient number of tests have been completed. There isno limitation as to the minimum number of tests that have to becompleted, and the described system and method can properly functionwith a single test being completed.

At step F1 d, where a single or multiple tests are to be performed, oncethe (all) test(s) is(are) completed, the results of the test(s) arestored in a database along with identifying information for theindividual including but not limited to name, birth date, address anddrivers license number.

FIG. 2 illustrates a block diagram and flow steps for comparing theresults of current test (i.e. performed in the field, at the scene of anevent, back at the police station, etc.) to the baseline test resultsobtained from the steps described in FIG. 1 for the individual. Themethod and system in FIG. 2 determines whether an individual's currenttest results are within an acceptable standard deviation from the knownbaseline results for that specific individual.

At step F2 a, a 3D camera, eye tracking, motion and sound sensor isattached to, integrated or otherwise in communication with aninformation input and display device which also contains the physicaland cognitive ability testing system software. At step F2 b, thePhysical and Cognitive Ability Testing System queries the database toretrieve prior baseline test results for a given specific individual.

At step F2 c, an individual interacts with the physical and cognitiveability testing system through the information input and display devicewhile also incorporating information generated by the 3D camera, eyetracking, motion and sound sensor, such as, but not limited to, throughinformation obtained from the video recording made by the 3D camera. ThePhysical and Cognitive Ability testing system utilizes a series ofquestions, activities and movements to determine the level of cognitiveability, reaction time, and physical capabilities/limitations of theindividual. The system can be utilized with one or many of the availabletests and is not required to have results for all tests in order tofunction.

At step F2 d, the results of the current tests are compared against theindividuals own baseline tests, which were preferably taken while theindividual was sober or otherwise unimpaired. If the current testresults are within an acceptable statistical standard deviation from thebaseline results, a positive test result is displayed on the InformationInput and Display device and a notation is made in the databaserecording such result along with storing the current individual testresults for the individual.

At step F2 e, if the current test results are not within an acceptablestatistical standard deviation from the baseline result, a negativeresult is displayed on the Information Input and Display Deviceindicating possible impairment for the individual and a notation is madein the database recording such result along with storing the currentindividual test results for the individual. The current test results donot replace the baseline results for an individual but rather are addedas a second data record to be used in future testing and analysis.

A negative result can be used by, or be considered a factor by, anattending officer when such officer decides whether or not to charge,arrest, warn, fine, etc. the individual for driving while under theinfluence, while intoxicated, drunk driving, etc.

FIG. 3 illustrates a block diagram and flow steps for comparing theresults of current test (i.e. performed in the field, at the scene of anevent, back at the police station, etc.) to previously establishedscientifically accepted baseline results for the specific tests given tothe individual during the current test. The method and system in FIG. 3determines whether an individual's current test results are within anacceptable standard deviation from the known scientifically acceptedbaseline results for the general population.

At step F3 a, a 3D camera, eye tracking, motion and sound sensor isattached to, integrated or otherwise in communication with aninformation input and display device which also contains the physicaland cognitive ability testing system software. At step F3 b, thePhysical and Cognitive Ability Testing System queries the database toretrieve the baseline results derived from scientifically acceptedminimum capabilities for each test.

At step F3 c, an individual interacts with the physical and cognitiveability testing system through the information input and display devicewhile also incorporating information generated by the 3D camera, eyetracking, motion and sound sensor, such as, but not limited to, throughinformation obtained from the video recording made by the 3D camera. ThePhysical and Cognitive Ability testing system utilizes a series ofquestions, activities and movements to determine the level of cognitiveability, reaction time, and physical capabilities/limitations of theindividual. The system can be utilized with one or many of the availabletests and is not required to have results for all tests in order tofunction.

At step F3 d, the results of the current tests for a given individualare compared against the baseline results derived from scientificallyaccepted minimum capabilities for each test. If the current test resultsare within an acceptable statistical standard deviation from thebaseline results, a positive test result is displayed on the InformationInput and Display device and a notation is made in the databaserecording such result along with storing the current individual testresults for the individual.

At step F3 e, if the current test results are not within an acceptablestatistical standard deviation from the baseline result, a negativeresult is displayed on the Information Input and Display Deviceindicating possible impairment for the individual and a notation is madein the database recording such result along with storing the currentindividual test results for the individual. The current test results donot replace the scientifically derived baseline results but rather areadded as a different data record to be used in future testing andanalysis.

Similar to the embodiment described in FIG. 2, a negative result can beused by, or be considered a factor by, an attending officer when suchofficer decides whether or not to charge, arrest, warn, fine, etc. theindividual for driving while under the influence, while intoxicated,drunk driving, etc.

FIG. 4 illustrates a block diagram and flow steps for comparing theresults of current test (i.e. performed in the field, at the scene of anevent, back at the police station, etc.) to the baseline test resultsobtained from steps of FIG. 1 for the individual, and if there are nobaseline test results for the specific individual, than alternatively tothe previously established scientifically accepted baseline results forthe specific tests given to the individual during the current test. Themethod and system in FIG. 4 determines whether an individual's currenttest results are within an acceptable standard deviation from thebaseline test results for the specific individual or from knownscientifically accepted baseline results for the general population. Themethod and system of FIG. 4 determines whether an individual's currenttest results are within an acceptable standard deviation from knownbaseline results for that specific individual or in the absence ofbaseline results for that specific individual to scientifically acceptedbaseline results.

At step F4 a, a 3D camera, eye tracking, motion and sound sensor isattached to, integrated or otherwise in communication with aninformation input and display device which also contains the physicaland cognitive ability testing system software. At step F4 b, thePhysical and Cognitive Ability Testing System queries the database todetermine if prior testing results exist for the individual.

At step F4 c, if a record is found, that information is retrieved by thePhysical and Cognitive Ability Testing System. If no record is found, adefault, previously stored baseline result for each test is retrieved.The default baseline results are derived from scientifically acceptedminimum capabilities necessary to properly operate a motor vehicle.

At step F4 d, an individual interacts with the physical and cognitiveability testing system through the information input and display devicewhile also incorporating information generated by the 3D camera, eyetracking, motion and sound sensor, such as, but not limited to, throughinformation obtained from the video recording made by the 3D camera. ThePhysical and Cognitive Ability testing system utilizes a series ofquestions, activities and movements to determine the level of cognitiveability, reaction time, and physical capabilities/limitations of theindividual. The system can be utilized with one or many of the availabletests and is not required to have results for all tests in order tofunction.

At step F4 e, the results of the current tests for a given individualare compared against either the baseline results for that individual orderived from scientifically accepted minimum capabilities for each test.If the current test results are within an acceptable statisticalstandard deviation from the baseline results, a positive test result isdisplayed on the Information Input and Display device and a notation ismade in the database recording such result along with storing thecurrent individual test results for the individual.

At step F4 f, if the current test results are not within an acceptablestatistical standard deviation from the baseline result used in F4 e, anegative result is displayed on the Information Input and Display Deviceindicating possible impairment for the individual and a notation is madein the database recording such result along with storing the currentindividual test results for the individual. The current test results donot replace the existing baseline results for that individual orscientifically derived baseline results but rather are added as adifferent data record to be used in future testing and analysis.

Similar to the other described embodiments, a negative result can beused by, or be considered a factor by, an attending officer when suchofficer decides whether or not to charge, arrest, warn, fine, etc. theindividual for driving while under the influence, while intoxicated,drunk driving, etc.

The camera and sound sensor can also record the individual's speech andtest such speech for slurring, against recordings of the specificindividual when sober or against other scientifically accepted recordsof unimpaired speech.

For all of the above-described embodiments which use specific baselineresults for the individual, where an event has occurred to theindividual subsequent to the recording of his or her baseline results(i.e. injury to one or more of the individual's limbs, head injury,etc.), updated baseline results can be recorded for the individual,which can be added to the individual's stored results or stored orrecorded over the individual previous results prior to the event. In allembodiments, the system can also be used to store and note any specificinformation for the individual which could be considered relevant to lawenforcement personnel such as, but not limited to, medications taken bythe individual or known illnesses suffered by the individual.

The system preferably uses several components, which can include thenon-limiting following components:

1. 3D Camera, Eye Tracking, Motion and Sound Sensor

2. Information Input and Display Device

3. Physical and Cognitive Ability Testing System

4. Physical and Cognitive Ability Testing System Database

5. Physical and Cognitive Ability Baseline Database

6. Scientifically Accepted and Validated Baseline Test Results.

The various components can be in communication with each other throughany known wired or wireless technology.

The utilization of a computerized physical and cognitive ability testingsystem and database to determine an individuals impairment at a givenpoint in time as compared to previously known capabilities for theindividual or scientifically accepted minimum capabilities will providesignificant administrative, clinical, and financial benefit to lawenforcement, legal systems, drivers license agencies and motor vehicleoperators alike, including the following, non-limiting public benefits:

-   1. Objective and recorded testing for potential motor vehicle driver    impairment-   2. Individualized impairment testing based on normal capabilities of    the individual factoring preexisting physical, medical and cognitive    limitations and capabilities or in the alternative testing compared    to scientifically accepted baseline results.-   3. Reduction in false accusation of motor vehicle operator    impairment-   4. Reduction is legal system costs due to false accusations of motor    vehicle impairment

Any computer/server/electronic database system (collectively “ComputerSystem”) capable of being programmed with the specific steps of thepresent invention can be used and is considered within the scope of thedisclosure. Once programmed such Computer System can preferably beconsidered a special purpose computer limited to the use of two or moreof the above particularly described combination of steps (programmedinstructions) performing two or more of the above particularly describedcombination of functions.

All components of the present disclosure system and their locations,electronic communication methods between the system components,electronic storage mechanisms, etc. discussed above or shown in thedrawings, if any, are merely by way of example and are not consideredlimiting and other component(s) and their locations, electroniccommunication methods, electronic storage mechanisms, etc. currentlyknown and/or later developed can also be chosen and used and all areconsidered within the scope of the disclosure.

Unless feature(s), part(s), component(s), characteristic(s) orfunction(s) described in the specification or shown in the drawings fora claim element, claim step or claim term specifically appear in theclaim with the claim element, claim step or claim term, then theinventor does not consider such feature(s), part(s), component(s),characteristic(s) or function(s) to be included for the claim element,claim step or claim term in the claim when and if the claim element,claim step or claim term is interpreted or construed. Similarly, withrespect to any “means for” elements in the claims, the inventorconsiders such language to require only the minimal amount of features,components, steps, or parts from the specification to achieve thefunction of the “means for” language and not all of the features,components, steps or parts describe in the specification that arerelated to the function of the “means for” language.

While the disclosure has been described and disclosed in certain termsand has disclosed certain embodiments or modifications, persons skilledin the art who have acquainted themselves with the disclosure, willappreciate that it is not necessarily limited by such terms, nor to thespecific embodiments and modification disclosed herein. Thus, a widevariety of alternatives, suggested by the teachings herein, can bepracticed without departing from the spirit of the disclosure, andrights to such alternatives are particularly reserved and consideredwithin the scope of the disclosure.

What is claimed is:
 1. A method for determining if a specific individualis currently impaired or unimpaired, the method comprising the steps of:(a) obtaining video of current physical or cognitive abilities of thespecific individual performing one or more physical or cognitive testfor use in determining whether the specific individual is currentlyimpaired; (b) electronically forwarding the video to a Physical andCognitive Ability Testing System; (c) obtaining previously storedbaseline test results for the one or more physical or cognitive tests bythe Physical and Cognitive Ability Testing System from an electronicdatabase in communication with the Physical and Cognitive AbilityTesting System; (d) comparing the obtained current test results with thepreviously stored baseline test results by the physical and cognitiveability testing system; (e) based on the comparison in step (d)determining by the physical and cognitive ability testing system if thecurrent test results deviate from the baseline test results beyond apredefined deviation level; and (f) if the determination in step (e)determines that the current test results deviate beyond the predefineddeviation level indicating that the specific individual may be impairedor if the determination in step (e) determines that the current testresults do not deviate beyond the predefined deviation level indicatingthat the specific individual does not appear to be impaired; wherein thepreviously obtained baseline test results are obtained by the followingsteps: (i) capturing video of a specific unimpaired individual with a 3Dvideo camera while the individual performs one or more physical orcognitive test used for determining whether the individual is drivingwhile impaired by law enforcement; (ii) forwarding the captured video tothe Physical and Cognitive Ability Testing System which is in electroniccommunication with the 3D video camera; (iii) processing informationfrom the captured video by the Physical and Cognitive Ability TestingSystem to obtain electronic baseline results information for theindividual representing the physical and cognitive abilities of theindividual in the unimpaired state when performing the one or morephysical or cognitive test used for determining whether the individualis driving while impaired; and (iv) storing the electronic baselineresults information in the database.
 2. The method for determining ofclaim 1 wherein the previously obtained baseline test results arepreviously stored minimum capability results.
 3. The method of claim 1further comprising a step of adding electronic identifying informationfor the specific individual to the current test results and storing thecurrent test results along with the identifying information in theelectronic database.
 4. The method of claim 1 further comprising a stepof pulling the specific individual over by a law enforcement officerprior to step (a).
 5. A method for determining if a specific individualis currently impaired or unimpaired, the method comprising the steps of:(a) obtaining video of current physical and cognitive abilities of thespecific individual performing one or more physical or cognitive testfor use in determining whether the specific individual is currentlyimpaired while performing a specific activity; (b) electronicallyforwarding the video to a Physical and Cognitive Ability Testing System;(c) determining if there are previously obtained baseline test resultsstored in an electronic database of the physical and cognitive abilitiesof the specific individual performing the one or more tests while thespecific individual is in an unimpaired state or condition by thePhysical and Cognitive Ability Testing System and (i) if yes, receivingthe stored baseline test results by the Physical and Cognitive AbilityTesting System and comparing obtained current test results with thebaseline test results by the Physical and Cognitive Ability TestingSystem, or (ii) if no, receiving known minimum capability results forthe one or more tests by the Physical and Cognitive Ability TestingSystem and comparing the obtained current test results with the knownminimum capability results; (d) determining by the physical andcognitive ability testing system if current test results deviate fromthe baseline test results or the known minimum capability results beyonda predefined deviation level; and (e) if the determination in step (d)determines that the current test results deviate beyond the predefineddeviation level indicating that the specific individual may be impairedor if the determination in step (d) determines that the current testresults do not deviate beyond the predefined deviation level indicatingthat the specific individual does not appear to be impaired; wherein thepreviously obtained baseline test results are obtained by the followingsteps: (i) capturing video of a specific unimpaired individual with a 3Dvideo camera while the individual performs one or more physical orcognitive test used for determining whether an individual is drivingwhile impaired by law enforcement; (ii) forwarding the captured video tothe Physical and Cognitive Ability Testing System which is in electroniccommunication with the 3D video camera; (iii) processing informationfrom the captured video by the Physical and Cognitive Ability TestingSystem to obtain electronic baseline results information for theindividual representing the physical and cognitive abilities of theindividual in an unimpaired state when performing the one or morephysical or cognitive test used for determining whether an individual isdriving while impaired by law enforcement; and (iv) storing theelectronic baseline results information in the database.
 6. The methodfor determining of claim 5 further comprising a step of storing thecurrent test results in the electronic database.
 7. The method fordetermining of claim 5 wherein the known minimum capability results arestored in the electronic database.
 8. The method of claim 5 furthercomprising a step of adding electronic identifying information for thespecific individual to the current test results and storing the currenttest results along with the identifying information in the electronicdatabase.
 9. The method of claim 5 further comprising the step ofpulling the specific individual over by a law enforcement officer priorto step (a).
 10. The method of claim 5 wherein the specific activity isdriving a vehicle by the specific individual.
 11. The method fordetermining of claim 1 wherein the previously obtained baseline testresults are baseline test results of the physical or cognitive abilitiesof the specific individual while the specific individual is in anunimpaired state or condition.
 12. The method for determining of claim 5wherein the previously obtained baseline test results are baseline testresults of the physical and cognitive abilities of the specificindividual while the specific individual is in an unimpaired state orcondition.